Module 2. Equality and Non-Discrimination The Duty to Respect, Protect, and Fulfil Obligations Relating to Accessibility |
The Duty to Respect, Protect, and Fulfil Obligations Relating to Accessibility
Taken as a whole, States’ obligations with regard to accessibility include:
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Obligation to respect: States must refrain from engaging in any act, custom, or practice that creates barriers to accessibility;
Example: The State adopts legislation requiring that new buildings are accessible for persons with disabilities.
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Obligation to protect: States must ensure that non-State or “private” actors (such as businesses that offer services and facilities to the public) do not create or fail to remove barriers to access for persons with disabilities.
Example: The State enforces laws and policies requiring public accommodations, such as restaurants, community centres and libraries, to be accessible to persons with disabilities and fines facilities that are noncompliant.
Example: The State provides a hotline or website for private employers to seek advice and assistance on job accommodations for persons with disabilities.
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Obligation to fulfil: States must take proactive action to ensure accessibility for persons with disabilities.
Example: The State creates a Task Force on Court Accessibility, undertakes access audits, and implements modifications designed to improve the accessibility of court services and facilities.
Example: The State provides sign language interpretation and videophones for travelers who are deaf in airports.
In sum, international human rights law strongly supports accessibility for persons with disabilities, so that persons with disabilities may live independently and fully participate in all aspects of life.
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